General Data Protection Regulation (GDPR) Background Checks Part One

General Data Protection Regulation (GDPR) Background Checks Part One

What is The GDPR?

The General Data Protection Regulation (GDPR) was approved by the European Commission (EC) on April 27, 2016 and will become law on May 25, 2018. It replaces the previous EC legislation which dealt with data protection which was the Data Protection Directive of 1995. One of the major differences between the GDPR and the previous law is that the GDPR is a Regulation rather than a Directive. This means that it automatically becomes law in each of the countries that make up the European Union without each of these countries needing to create their own, individual laws (in contrast with the previous Directive where, in each of the member states, a separate Data Protection Act had to be passed by the relevant state legislative body to enact it).

Why was The GDPR Created?

While The GDPR is quite comprehensive, the primary purpose is to force organizations to take the protection of the personal data of EU citizens seriously.

Is Compliance Mandatory?

Fines that can be levied for non-compliance with the GDPR are certainly larger than those for the Directive it replaces. The actual amounts demanded will depend upon a wide variety of factors, including the personal data involved, what efforts a company took to protect data, how much they co-operated with the investigation and, most importantly, the specific article(s) of the GDPR they are judged to have contravened.
Fines allowable are up to 2% of global turnover or ten million euros for lower level infringements and up to 4% of global turnover or twenty million euros for more serious cases.

Data subjects can lodge a complaint with the relevant supervisory authority directly themselves or may use the services of a not-for-profit body active in the field of data protection.

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